(June 27, 1952, ch. 477, title II, ch. 5, § 246,66 Stat. 217; Pub. L. 103–416, title II, § 219(m),Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(H),
(a),Sept. 30, 1996, 110 Stat. 3009–619, 3009–649.)
References in Text
This chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163
, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
1996—Subsec. (a). Pub. L. 104–208
, § 378(a), inserted at end “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section
of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”
Pub. L. 104–208
, § 308(e)(1)(H), substituted “removal” for “deportation”.
1994—Subsec. (a). Pub. L. 103–416
struck out first three sentences which read as follows: “If, at any time within five years after the status of a person has been adjusted under the provisions of section
of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.”
Effective Date of 1996 Amendment
Amendment by section 308(e)(1)(H) ofPub. L. 104–208
effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 ofPub. L. 104–208
, set out as a note under section
of this title.
Section 378(b) of div. C of Pub. L. 104–208
provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under section
of this title]).”
Effective Date of 1994 Amendment
Section 219(m) ofPub. L. 103–416
provided that the amendment made by that section is effective Oct. 25, 1994.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section
of this title.
References to Order of Removal Deemed To Include Order of Exclusion and Deportation
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) ofPub. L. 104–208
, set out in an Effective Date of 1996 Amendments note under section
of this title.